A breastfeeding resource from the American College of Nurse-Midwives

Breastfeeding Legislation

The images of a woman's breast are routinely displayed in the media through magazines, movies, and television. In some states, still, women are penalized or harassed when they breastfeed in public. When did breastfeeding become an illegal act? Never.

Every woman has the constitutional right to breastfeed in public. As stated by the U.S. Supreme Court, "Nourishment is necessary to maintain the child's life, and the parent may choose to believe that breastfeeding will enhance the child's psychological as well as physical health. In light of the spectrum of interests that the Supreme Court has held specially protected we conclude that the Constitution protects from excessive state interference a woman's decision respecting breastfeeding her child." 650 F.2d at 787.

In the United States, breastfeeding in public is legal anyplace a mother is allowed to be with her baby. Unfortunately, many people do not know or understand this. In response, many states have passed legislation to clarify the legality of breastfeeding. Additionally, some states have gone on to address other issues of breastfeeding, such as excusing breastfeeding mothers from jury duty, authorizing accommodation of breastfeeding mothers in their workplaces, and establishing programs that promote and educate about breastfeeding. Provided below are ten categories of state breastfeeding legislation.¹

Ten categories of state breastfeeding legislation:

Establish legislative recognition of breastfeeding as important or recommended
Declare or clarify a woman?s right to breastfeed in public
Protect breastfeeding employees in the workplace, allow for amenities
Provide education on and promotion of breastfeeding
Excuse nursing mothers from jury duty
Consider best interests of a nursing infant in determining parental visitation or entitlements in divorce or separation
Provide guidelines for establishing and running milk banks
Allow for nursing babies to accompany their mothers in prison
Exempt breastfeeding equipment or supplies from state sales tax
Comply with international code of marketing for breast-milk substitutes

Forty of the fifty states now have legislation that specifically addresses, permits or promotes breastfeeding. In states without specific breastfeeding legislation, women still have the right to breastfeed in public. Click here (PDF) to see a summary of state breastfeeding laws.

Also provided below are additional resources regarding breastfeeding legislation in the United States.

50 State Summary of Breastfeeding Laws as of April 20, 2006 (via National Conference of State Legislatures)
CRS Report for Congress - Breastfeeding: Federal Legislation (PDF) as of May 5, 2005

Rep. Carolyn Maloney - Champion of Breastfeeding

Congresswoman Carolyn Maloney (D-NY) has been a champion of breastfeeding on the national level, promoting legislation that would protect breastfeeding by new mothers, provide for a performance standard for breast pumps, and provide tax incentives to encourage breastfeeding. For more information about federal intitiatives, click here.

1 Darleen Chien. State Legislation that Protects, Promotes and Supports Breastfeeding. Project prepared for United States Breastfeeding Committee.

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